Terms and Conditions
This User Agreement (this "Agreement") is a legal agreement between you and St. John Knits, Inc. ("St. John," "we" or "our") providing, among other things, the terms and conditions for your use of the Web site[s] accessible at www.stjohnknits.com , www.sjk.com and www.discoverstjohn.com (collectively, the "Sites").
Please read this Agreement carefully. By accessing or otherwise using the Sites you agree to abide by all of the terms of this Agreement. If you do not agree to, or cannot comply with this Agreement, please cease use the Sites. We may, from time to time, change this Agreement. We will post a copy of the changed Agreement on the Sites. Your continued use of the Sites constitutes your agreement to abide by this Agreement as changed. Any breach of this Agreement may result in termination of your access to the Sites, without notice, in addition to the other remedies available to St. John.
Use Of The Sites
St. John grants you a limited license to access and make personal use of the Sites and the Content for non-commercial purposes only and only to the extent such use does not violate this Agreement and the terms and conditions herein. You may make a single copy and/or print a single copy of the information of the Content for personal, non-commercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate the terms and conditions of this Agreement.
St. John does not represent or warrant that use of any Content will not infringe rights of third parties. If you operate a Web site and wish to link to the Sites, you may do so provided you agree to have your link removed by St. John immediately at its discretion. The permitted use described in this paragraph is contingent upon your compliance at all times with this Agreement. No other use is permitted without our prior written authorization. Further, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Sites in any way that affects a user's experience, and not to use any data mining, data gathering or extraction methods.
Requests to use Content for any purposes other than as permitted in this Agreement should be directed to firstname.lastname@example.org or call 877-SJKKNIT. In certain cases, you may be able to obtain a license to use individual articles or images that appear on the Sites through online functionality we have specifically designated (e.g., to e-mail an article or image to a friend). In such cases, we will provide the license information or a link on the Content itself. If you do not see such license information or link, you should assume you do not have permission to use the Content.
All of the information, content, Sites and software displayed on, transmitted through, or used in connection with the Sites, including, for example, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by St. John and its affiliates, licensors or suppliers. The Sites is protected by copyright, trademark and other intellectual property laws of the United States of America and applicable international intellectual property laws. We expressly reserve all intellectual rights in all Content.
Product Information and Colors
We have made every effort to display as accurately as possible the colors of our products that appear on the Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. Most products displayed on the Sites are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale on the Sites may not be available in stores. The prices displayed on the Sites when shipping to the US are quoted in US Dollars.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
If you wish to purchase any product or service made available through the Sites (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to St. John the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges that may be incurred by you or on your behalf through the Sites, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products on the Sites does not imply or warrant that these products will be available. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address, (iii) limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors; (iv) impose conditions on the honoring of any promotional code, or other similar promotion; (v) bar any user from making or completing any or all Transaction(s); and (vi) refuse to provide any user with any product. Resellers are defined as a company or an individual that purchases product with the intention of selling them rather than using them.
You may be able to create an account on the Sites. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Through the account feature, you can store billing and shipping information. You also can store payment card information and details of your past purchases. In addition, you can save your credit card information on your account for faster checkout. To use this feature, we ask you to provide your credit card information and the corresponding billing address. You can also use the account to create a wish list of products you want and share your list by email with friends and family. If you choose to share your list, we ask for your name and email address and the recipient's email address. This information is used only to email your list to your desired recipients.
In addition to all other rights available to St. John including those set forth in these Terms & Conditions, St. John reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
When you place an order, we will ship your order to the address designated by you as long as that shipping address is within the United States and compliant with the shipping restrictions. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
Risk of Loss
The risk of loss for and title to products purchased on the Sites passes to the purchaser upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
St. John gladly accepts returns of merchandise purchased directly from STJOHNKNITS.COM that are in new, unworn, unwashed, undamaged, and unaltered condition, with the original tags attached. In addition, jewelry must also have all protective materials in place. Products showing signs of wear or use will not be accepted. Exchanges/Returns must be received within 30 days of the original order date.
Promotions and Promotional Communications
On this website, you may be able to participate in or sign up for surveys, sweepstakes, newsletters and other promotions (collectively “Promotions”). If you choose to participate in these Promotions, we may ask you for information such as your name, email address, postal address telephone number, and birth date. We use the information you provide to administer our contests, sweepstakes and other promotions. We also may use the information to communicate with you about our products, services and promotions, but only if you have given us your consent to do so. The Promotions may be governed by rules that are separate from these terms and conditions. If you participate in any Promotions, please review the applicable rules.
Protecting Copyrights And Other Intellectual Property
We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We will terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Sites; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows:
The Sites may provide links to resources or third-party information referencing or linking to third-party Web sites or resources. We have no control over such third-party Web sites and resources, and you acknowledge and agree that we are not responsible for the content or information contained therein. We cannot and do not guarantee, represent or warrant that the content or information contained in such third-party Web sites and resources is accurate, legal, noninfringing or inoffensive. We do not endorse the content or information of any third-party Web site or resource and, further, we do not warrant that such Web sites or resources will not contain viruses or other malicious code or will not otherwise affect your computer. By using the Sites to search for or link to a third-party Web site, you agree and understand that we shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of, or reliance on, the Sites to obtain search results or to link to a third-party Web site. However, if you have a problem with a link from the Sites, please let us know at email@example.com.
Disclaimer of Warranty; Limitation of Liability
Although we try to provide accurate information on the Sites, the materials may contain inaccuracies, errors and typographical errors. St. John and its affiliates do not warrant the accuracy or completeness of the Content contained on the Sites. We may make changes to the Content at any time without notice and make no commitment to update the Content.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITES AT YOUR OWN RISK. THE SITES, THE CONTENT AVAILABLE ON OR THROUGH THE SITES, AND THE SOFTWARE MADE AVAILABLE ON OR THROUGH THE SITES, IF ANY, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND ST. JOHN AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY THE SITES. ST. JOHN AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITES. ST. JOHN AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD-PARTY, OR FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ST. JOHN AND ITS AFFILIATES, SUBSIDIARIES, SITES PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ST. JOHN OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OFCERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, ST. JOHN AND ITS AFFILIATES, SUBSIDIARIES, SITES PROVIDERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE OF THE SITES; (2) ST. JOHN OR ITS AFFILIATES' USE OF ANY INFORMATION PROVIDED BY YOU; (3) INFORMATION POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
Enforcing Security on the Site
Actual or attempted unauthorized use of the Sites may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. St. John reserves the right to view, monitor, and record activity on the Sites without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Sites as well as to disclosures required by or under applicable law or related government agency actions. St. John will also comply with all court orders involving requests for such information. In addition to the foregoing, St. John reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Sites, or any portion of the Sites, in order to protect the Sites Company, or our business.
We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate this Agreement, your registration for any program offered on the Sites, your ability to access the Sites, for any reason, including without limitation any breach by you of this Agreement or conduct by you that we determine to be inappropriate. You agree that St. John and its affiliates shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
St. John may at any time transfer its rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliates, or to any entity that acquires St. John or any of its assets.
Notice for California Residents (Ca Civil Code §1789.3)
If you have a questions or complaint regarding the Sites, please send an email to firstname.lastname@example.org. You may also contact us by writing to St. John Knits, Attn: Ecommerce Dept. 17421 Derian Ave, Irvine, CA 92614 or by calling us at 877-750-1171. California residents may reach the Complaint Assistant Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the state and federal courts located in Orange County, California.
The Sites is controlled, operated and administered by St. John from within the United States. We make no representation or warranty that the Content available on the Sites is appropriate or available for use at other locations outside of the United States. If you use the Sites in a jurisdiction that prohibits or restricts the use of the Sites, you agree that your use of the Sites will be at your own risk, without limitation of any other provision of this Agreement, and that St. John and its affiliates shall not have any liability with respect to such use. Software from this Sites may be subject to United States export controls. You may not use the Sites or export software from this Sites in violation of United States export laws and regulations.
Entire Agreement; Miscellaneous Provisions
This Agreement is the complete and entire agreement between you and St. John and supersedes any prior agreement, whether written or oral. If for any reason any provision of this Agreement is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of St. John to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver, at the time or in the future, of that right or provision or any other right or provision. The section titles used in this Agreement are for convenience only and have no legal or contractual effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS.